Index to Topics in FAQ

Drug and Alcohol Testing

BVI Boat Master License

Demise Yacht Charters

Tender Operations

Rest Periods

TWIC

Digital Selective Calling

Marine Casualty

Military Sea Service



 Credentialing Fact Sheet!

Progress continues to be made in the Merchant Mariner Credential (MMC) processing by the National Maritime Center (NMC) in Martinsburg, WV.  A Fact Sheet which was originally made available to Coast Guard Sectors highlights online services.  For answers to the following and additional information click  more….

1)    How do I know if a US Merchant Mariner Credential is valid (you can even check your own)?

2)    How can a Mariner check the status of their credential application (a step-by-step view of the progress on your paperwork)?

3)    Online submission of credential applications and other online service information  is also available at:

http://www.uscg.mil/nmc/

Drug and Alcohol Testing - LT Sarah Rousseau

This time around I want to go over the Drug and Alcohol Testing program that is required by 46 CFR Part 16. Lately, the Coast Guard has been cracking down on this program which means that inspectors are taking a more critical look at your program. Hopefully this article will provide you with a few tips so that you pass your next inspection.First, if you run a commercial vessel operation (ferries, excursion vessels, cargo ships, AND EVEN UNINSPECTED PASSENGER VESSELS!), you are required to implement a drug and alcohol testing program for your company. Regulations state the MARINE EMPLOYER is responsible for this, NOT the mariner. Most companies subscribe a consortium which covers most responsibilities for you. However, they do not cover ALL responsibilities which puts you at risk. Ultimately, YOU, the marine employer, will be fined for not complying, not the consortium.

So, who must be drug and alcohol tested?

Good question. Anyone who is acting in a safety sensitive position on the vessel should be enrolled. That means your Master, your crewmembers and anyone who works on the vessel. Some people may ask, "What about the woman who just takes the tickets on the ferry?" Good question. But let's take a look at a scenario where the boat is on fire and all the passengers must abandon ship. They are panicked and looking for someone from the crew to help. The passengers don't know the difference between the "ticket lady" and the "deckhand." They will ask the ticket lady for help just as soon as they'll ask anyone else, which means that a person working in an official capacity aboard the ferry is considered to be in a "safety sensitive position" and therefore is required to be enrolled in the drug and alcohol testing program. What about the lady who works back in the office but she never goes out on the boats? Good question again. No, she does not have to enrolled, as long as she is never on the boat performing safety sensitive functions.

For what reasons would I need to be drug or alcohol tested?

The regulations stipulate 5 reasons for chemical testing:
1. Pre-employment: That means you must take the chemical test BEFORE you start working for a company. That company must have the RESULTS IN HAND before they ever put you in a safety sensitive position. I can tell you right now, I have written up two violations in the past month for employers who put their Captain aboard a vessel PRIOR to having those results in hand. That's $1500 per violation, per day right off the bat. Violations don't come cheap. 2. Periodics: This happens when you go for a new license or renew or upgrade your license. 3. Randoms: Marine employers must ensure that at least 50% of their crew is randomly tested each calendar year. Furthermore, they must retain those records of positive drug tests for 5 years and negative drug tests for one year in a CONTROLLED ACCESS location. Meaning a safe. 4. Serious Marine Incident (post-casualty): Anytime the vessel is involved in a serious marine incident. And that does NOT just mean when someone dies. I'll discuss those incidents in a bit. side note: I just wrote a violation yesterday for a company that did not do drug and alcohol testing after a casualty - $1500 first violation. Maximum penalty is $7000. 5. Reasonable cause: That's right...employers, if you suspect your crewmembers are smoking it up behind the shed, and you observe signs (you must be able to articulate those signs and verify with a second witness), then you are required to send them for drug testing and alcohol testing. With that being said, if you are the mariner and you REFUSE to go get tested WHEN YOUR EMPLOYER SAYS YOU SHOULD GO, that is considered a REFUSAL and automatic positive drug test. Your license WILL be taken. With that also being said, marine EMPLOYERS, you are REQUIRED to tell the US Coast Guard when someone in your company has a positive drug test. If the Coast Guard discovers that you have had positive drug tests for your employees and you failed to report them, you will be fined. Inspectors will be paying closer attention to this in the future. Okay, so as a marine employer, what are some common mistakes I should be aware of so that I'm in compliance with the drug testing program?
GREAT question! Most people are aware of their random drug tests because their consortiums take care of it for them. Here's what they most often miss: Marine employers are required to provide an Employee Assistance Program which shall be conspicuously posted so that if a mariner DOES have a drug or alcohol problem, they may contact the free help line to get assistance and they may have access to educational material. There must be documentation for crewmembers of the training given to crewmembers. Supervisory personnel must receive at least 60 minutes of training.

What about post-casualty drug and alcohol testing?

If you are involved in a serious marine incident, you as a marine employer are required to conduct drug/alcohol testing on individuals directly involved in the incident.
Who is considered directly involved?
Basically, if they're on watch when it happened, they're involved. Let's start off with what constitutes a serious marine incident: a death, any injury that involves treatment beyond first aid of a passenger OR crewmember, damage to a vessel and/or property over $100,000, actual or constructive loss of any vessel subject to inspection, actual or constructive loss of any vessel not subject to inspection that is over 100 gross tons (we don't really have those here), discharge of oil of 10,000 gallons or more, or a discharge of a reportable quantity of a hazardous substance into the water.

How and when do I do alcohol testing?

Well, if you're an inspected vessel, you should have the alcohol testing strips or some way to test for alcohol aboard your vessel. YOU may conduct testing with witnesses around (all to be documented on a CG-2692B) and it must be done within TWO hours of the incident. If you miss that time period, you must still conduct it within EIGHT hours but you must be able to articulate to the Coast Guard why you couldn't do it within the two hour time limit. Beyond eight hours, you are not required to test for alcohol anymore (although you may be held accountable for not conducting required post-casualty testing).

How and when do I do drug testing?

Drug tests must be conducted with a Department of Transportation-approved collection site and laboratory. If you belong to a consortium, then they probably have contracted with the appropriate sites. As the marine employer, you must ensure your personnel get to drug testing within 32 hours of an incident. Those results must also be reported to the Coast Guard on a CG-2692B form.

Finally, what if I'm a mariner that is self-employed?

 I don't work for any company; I just take out charters; do I still need to be enrolled in a drug and alcohol testing program?
Yes. Technically, in this case, you are your own marine employer and you are required to ensure appropriate drug and alcohol testing is carried out (good luck on "reasonable cause" testing! ;) Well, I know that was a lot of reading but I hope it clarifies some things for you. If not, we will be holding an Industry Day on April 24, 2013 (time and place to be announced). Or you can always stop by the office down on the waterfront or give me a call at one of the numbers below. On that note, I must say a sad farewell, as I will be leaving island in May to attend graduate school so I may be of better service to the Coast Guard and my country. It has been a pleasure working with you all and rest assured you have taught me many things and have made me a better Coast Guard inspector and investigator as a result. If you have any questions, or you just want to say goodbye, don't hesitate to call! Fair winds and following seas!

BVI Operations - Part 2  VIRGIN ISLANDS SHIPPING REGISTRY

Capt. Smith continues outlining the process for US flag vessels and Captains operating in BVI waters:

Make an appointment: An appointment has to be made by calling the office @ 284-468-2902/3, speak with Ms. Laura Smith or Ms. Liselin Frazer

a)   Hours of operation are from 08:30 till 16:30, they do not accept cash after 15:30 hours

Fees: Six month license $50.00 or three year license $150.00

a)    The license is issued on the merit of the individual having a license that is from a recognized country (USA) - mainly the Hundred Ton license. We do not accept the Uninspected (OUPV) six pack license.

b)    Identification needed; Valid Driver’s License, Passport or Birth Certificate

Medical certificate: Need a medical report completed in the BVI, cost about $50.00

Forms: Reference letter from last 2 employers, two passport size photos, STCW certificates or STCW endorsements on the license, an FCC or BVI radio license

a)   A check list is on the application for the license

Our web site www.vishipping.gov.vg

After opening the web page select seafarers qualifications & certification under Resources on the left hand side of the page > select BML, there you will find

a)     Guidance note

b)    Syllabus

c)     Boat Masters Application

d)    Medical Application

e)     Radio Operators License

BVI Info

Re: BVI Boatmaster License -Guidance for preparation for the Oral Examination

(Source)BVI Shipping Registry

Background

Further to our earlier meetings and discussions on the subject matter, we are pleased to forward to you a brief guide for the benefit of candidates who wish to obtaining a Boatmaster License (BML) issued under the Code of Safety for Small Commercial Vessels Operating in the Caribbean (SCV Code) following a short oral examination.

It must be noted that the normal BML examination consists of three parts; Chart work, Practical Test and Oral Examination. However, the simplified examination system that we are adopting is specially designed for candidates who are in possession of a valid certificate issued by the U.S. Coast Guard or similar national examination authority, acceptable to the BVI maritime administration.

The oral examination is concerned only with the appropriate knowledge of a candidate, in relation to the applicable British Virgin Islands (BVI) marine safety and environmental laws and regulations governing the operation of small commercial vessels in the BVI waters.

As a general guide, the duration of oral examination is approximately 60 minutes. On successful completion of the examination a full term (3 years) BML is issued on the same day.

The syllabus for the BML appears in Annex 11 of the SCV Code. It is only a selected number of topics from the syllabus on which a candidate may be assessed. However, in order to get a fuller understanding and appreciation of the subjects involved, it is recommended that each candidate obtains a copy of the SCV Code booklet as a reference guide.

The areas on which a candidate may be assessed are shown below, giving reference, when possible, to the SCV Code and the above mentioned syllabus for the BML.

1. B1 Emergency Situations

(SCV Code Chp. VIII -Part B)

• Recovery of man overboard

• Loss of engines or steering

• . Action to take in the event of collision or grounding

• Accident to crew members or passengers,

• Use of fire fighting appliances, life saving appliances and distress signals

• Search and rescue techniques in bad weather or reduced visibility

• Choosing an appropriate area for beaching

2. B3 -Local Knowledge and Regulations

• BVI, Merchant Shipping (Caribbean Small Commercial Vessels) Regulations 2004, these regulations can be found on our website

(www.vishipping.gov.vg) >resources>vessel certification>small passenger and cargo vessel < 24m >Virgin Islands Merchant Shipping REG Caribbean Small Commercial Vessels Regulations 2004).

• Familiarization with SCV Code; Chapter 1, Chp. VIII and Chp. IX

• Definitions Chp. I (2) -For the purpose of the code,

• Certificates required to be carried by a commercial vessel, and their validity

• Maintenance of vessel's conditions after inspection and certification-Chp.1 (1 0 A)

• Actions to be taken in the event of injury or loss of life to a passenger or a crew . member (Chp. VIII Operational Requirements, (2) Marine Casualties)

• Publications -Merchant Shipping Notices and Regulations (as applicable)

• Prohibited Anchorages, Air Ports Marine boundaries, Marine Parks and No anchorage zones. (According to navigation charts of the Virgin Islands).

• Safe Manning, master and crew certification requirements

3. B8 -Passenger Safety

• Preparation for Emergencies, Reference -CHP. VIII Part B Recording of passengers, Passenger Safety, Emergency Instruction etc.,

• Passenger briefing

• Ability to demonstrate to passenger the use of personal lifesaving appliances

• Distribution of passengers and crew to ensure proper stability and trim

4. B9 -Legal Responsibilities Towards Passengers and Crew

• Safe access to the vessel by passengers and crew

• Safe working practices on board

• Requirement to carry a valid Certificate of Inspection, complete Annual Inspections and endorsement of certificate (SCV Code Chp.r I (Part C) Reg 12)

• Certification of vessels on International Voyages (SCV Code Chapter I -Part E)

• Certificates to be carried by a vessel on international voyages (Col, Ship Security, Safety Management (ISM), Synopsis Record, Radio License, Stability Letter, Passenger Vessels -(SOLAS PSSC), AIS or AIS Exemption Certificates, LRIT Exemptions, Voyage Data Recorder Exemption etc.,)

• Crew Certification-USCG/National Certificate & STCW Endorsement, Passenger vessel training course certificate, Maritime security training certificates, Boat Masters License, STCW Basic courses, Medical Certificates.

5. B13 -Prevention of Pollution

• A general appreciation of the regulations applicable to the prevention of pollution from oil, chemicals, sewage, garbage and engine exhaust

• Pollution Prevention Equipment and Procedures-SCV Code Chapter VII (Reg 10)

• Items prohibited for disposal into sea (SCV Code Chp. VII 10.2.1 (A&B) )

• Chapter VII (10.3) Regulations through (10.5)

• Chapter VII -10.4 Holding tanks for new vessels

List of Publications and Codes;

1 Caribbean Small Commercial Vessels Code (SCV Code) (see our Website . -www. vishipping.gov.vg>downloads>scv code)

2 Merchant Shipping (Caribbean Small Commercial Vessels) Regulations 2004,

(www.vishipping.gov.vg) >resources>vessel certification>small passenger and cargo vessel

< 24m>Virgin Islands merchant shipping REG Caribbean Small Commercial Vessels Regulations 2004)

1 Merchant Shipping Act, 2001, (No. 13 of 2001), (www.vishipping.gov.vg>downloads>BVI Merchant Shipping Act, 2004 (Part XVI Enforcement Officers and Powers)

2 Extract from National Parks Regulation, 2008 (Part IV, No. 48, Discharge of harmful substances or things near marine parks)

3 Extract form conservation and Fisheries Regulations, (www.bviddm.com>legislation>s.i No. 20 of 2003 Fisheries Regulations (Part IV Conservation Measures No. 32)

Yours sincerely,
Capt. Pat Nawaratne

Chief Marine Surveyor

Virgin Islands Shipping Registry

Web: www.vishipping.gov.vg



Demise Charters

(Source)Lt. Sarah Rousseau

Question: Is it true that to be considered a bare-boat or "demise charter", as owner of the vessel I must give possession and full control of the boat to the charterer and the charterer hires their own master and crew?

Answer: Yes, in order to be a valid, legal bareboat charter, the owner of a vessel must essentially give up complete control of the vessel. Liability is transferred to the charterer, including the responsibility of insurance, fuel, amenities and crew. Without turning over complete control, especially with the hiring of a crew, the vessel is considered a passenger vessel for hire and requires a licensed Master, whether it is inspected or uninspected. As a Coast Guard investigator, the criteria we use to verify a valid bareboat or demise charter are as such:

1. Although a master or crew may be furnished by the owner, full possession and control must be vested in the charterer (a provision
requiring the charterer to be guided by the advice of the furnished master
or crew, in regard to technical matters or navigation, is acceptable);

2. The master and crew are paid by the charterer;

3. All food, fuel, and stores are provided by the charterer;

4. All port charges and pilotage fees are paid by the charterer;

5. Insurance is obtained by the charterer, at least to the extent of covering liability not included in the owner's insurance. A greater indication of full
control in the charterer is shown if all insurance is carried by the charterer (of course, the owner retains every right to protect his or her interest in the vessel);

6. The charterer may discharge, for cause, the master or any crew member without referral to the owner;

7. The vessel is to be surveyed upon its delivery and return.

Military or Foreign Sea Service

What is creditable?

Experience and service on military or foreign vessels is creditable towards eligibility for a U.S. Merchant Mariner's Credential (MMC). Such service is subject to evaluation by the Coast Guard to determine that it is a fair and reasonable equivalent to service acquired on merchant vessels of the United States, with respect to grade, tonnage, horsepower, waters, and operating conditions.

How do I document military sea service?

Satisfactory evidence of U.S. military service means a Transcript of Military Sea Service or certified History of Assignments (a DD-214 is not sufficient evidence of sea service). If you do not already have proof of military sea service, you must fill out a Request Pertaining to Military Records (Form SF-180) to obtain your official Transcript of Military Sea Service. Send the request with your name and a return address, printed legibly, to the address of the record custodian for your branch of service noted on the back of the request form. In addition, if you are requesting records from before 1973 you should include your service number; after 1973 include your social security number.

How do I document foreign sea service?

Satisfactory evidence of foreign sea service must meet the requirements for proof of service for qualified ratings noted in section I.C. above. If the documentation is not in English, then a certified translation should be included.

Age/Citizenship/Social Security Number Requirements

How old must I be?

You must be at least 16 years of age before obtaining a Merchant Mariner's Credential (MMC). If you are between the age of 16 and 18, then you must present a notarized statement of consent from a parent or legal guardian providing written permission for you to go to sea.

How do I provide proof of age and citizenship?

When submitting your application package for evaluation, you must include a copy of the proof of citizenship. You must present the original evidence of citizenship prior to issuance of an MMC. If your name on your proof of citizenship does not match the name you are now using, then proof of legal name change is required. Acceptable proof of name change may include original court documentation, original marriage/dissolution of marriage certificate, or original school records. Acceptable proof of citizenship and birth date is any one of the following:

• Birth Certificate or Birth Registration
• Certificate of Naturalization (If you are a naturalized citizen, then you must submit this certificate)
• Baptismal Certificate or Parish Record recorded within one year after birth
• Statement of a practicing physician certifying attendance at the birth and who possesses a record showing the date and location at which it occurred
• State Department Passport
• A Merchant Mariner's Credential issued by the Coast Guard which shows the holder as a United States citizen
• Delayed Certificate of Birth issued under a state seal
• Certificate of Citizenship issued by the United States Immigration and Naturalization Service

What if I am not a U.S. citizen?

You may still be considered for an MMC, but you must provide documentation that you are a permanent resident in possession of an Alien Registration Card issued by the U.S. Immigration and Customs Enforcement (ICE). In addition, you must also submit proof of foreign citizenship. Documentation that is not in English must include a notarized translation.

What is the Social Security Number (SSN) requirement?

If you are applying for an original MMC, then you must establish proof of having a Social Security Number (SSN). Acceptable proof is a Social Security Card issued by the Social Security Administration (SSA). When submitting your application package for evaluation, you must submit a copy of your card. You must present the original card prior to issuance of an MMC. Your card must bear the same name appearing on your proof of citizenship and your application. If you have lost your card, you must apply for a duplicate card from the SSA. If you present a duplicate card or letter from the SSA, it must have your SSN on it. Plastic, metal or laminated cards are not acceptable.

Physical Requirements and Drug Requirements

• Physical Exam Report (submit pages 3-4): CG-719K
• Certification of Fitness for Entry Level Ratings: CG-719K/E
• Medical and Physical Evaluation Guidelines: Medical NVIC USCG 2006-25080
• Medical Waiver Submission Form: MLD-FM-REC-171
• Article Regarding the Importance of Physical Evaluations: NVIC Outreach Article March 2007

When is a physical examination required?

The table below lists when a physical examination is required for renewal:

Credential to be renewed: Physical examination required?
License: Yes
Certificate of Registry1: No1
Merchant Mariner's Credential (with qualified rating other than Lifeboatman): Yes
Merchant Mariner's Credential (with Lifeboatman or without qualified rating)1: No1

Note:

1. If you are renewing a Certificate of Registry, Merchant Mariner's Credential (MMC) with Lifeboatman, or MMC without qualified ratings and you plan to serve on a seagoing vessel beyond the boundary lines, then you need to provide proof of physical agility, strength, and flexibility. For more information, see Section D below.

What is required for a physical examination?

If you are renewing a License or a Merchant Mariner's Credential with a qualified rating other than Lifeboatman (LBMAN), then you must submit an original physical examination report ( Form CG-719K ) completed by a U.S. Licensed physician, physician's assistant, or nurse practitioner within one year of the application. This report must certify that you are in good health and have no physical impairment or medical condition which would render you incompetent to perform the ordinary duties allowed by your credential. Please ensure this form has been completed entirely. Delays in approving applications are frequently the result of incomplete physical examination reports. For example, if you are taking any medications prescribed by your physician, then your physician must have all of the medications disclosed in block 15 of the form with a statement regarding whether or not you experience any side effects from them. If side effects are experienced, they must be listed. If no side effects are experienced, then a statement to that effect must be included.

What are some examples of the physical examination standards?

Renewal of a License as deck officer or Merchant Mariner's Credential as Able Seaman (AB) or Tankerman (TKMAN): You must have uncorrected vision of at least 20/800 in each eye, correctable to at least 20/40 in each eye. You must also possess normal color vision as determined by one of the methods listed on the CG-719K Physical Examination Report. Renewal of a License as engineer officer or Merchant Mariner's Credential as Qualified Member of the Engine Department (QMED): You must have uncorrected vision of at least 20/800 in each eye, correctable to at least 20/50 in each eye. However, you only need to possess the color sensing ability to distinguish between red, green, blue and yellow. For renewal of all licenses or Merchant Mariner's Credentials with qualified ratings other than Lifeboatman, you must not have blood pressure higher than 160/100 if under the age 50 or higher than 175/100 if over 50, regardless of treatment or medication.

If you want more information on the Coast Guard's physical examination standards, connect here to NVIC 2-98

What are the physical agility, strength, and flexibility standards?

If you are renewing a Certificate of Registry, Merchant Mariner's Credential (MMC) with Lifeboatman, or MMC without qualified ratings, you are not required to submit a physical examination report (Form CG-719K). However, if you plan to work on seagoing vessels beyond the boundary lines, you will have to submit documentation from a U.S. licensed physician, physician's assistant, or nurse practitioner certifying that you have the agility, strength, and flexibility to:

• Climb steep or vertical ladders,
• Maintain balance on a moving deck,
• Pull heavy fire hoses up to 400 feet, and have the ability to lift fully charged fire hoses,
• Rapidly don an exposure suit,
• Step over door sills of 24 inches in height, and
• Open or close watertight doors that may weigh up to 56 pounds.

What if I don't meet the physical requirements?

Not meeting the vision, hearing, or general physical condition required for renewal does not automatically cause you to be denied. The Commandant of the U.S. Coast Guard may consider you for a physical waiver if extenuating circumstances warrant special consideration. The REC reviewing your application may request that your physician provide additional information to support a waiver in such cases.

What are "dangerous drugs?"

"Dangerous drugs" - under the Department of Transportation rules are: marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines. Proof that you are free of dangerous drugs is required with your renewal application. Only a screening that tests for the five dangerous drugs is accepted. All tests must be conducted in accordance with "Procedures for Transportation Workplace Drug Testing Programs" in Title 49 Code of Federal Regulations (CFR), Part 40 and done by laboratories certified by the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency of the Department of Health and Human Services. All qualifying random and periodic drug-testing programs must also meet these requirements.

A listing of approved laboratories is also available online at www.drugfreeworkplace.gov. When the main page comes on screen click on "Drug Testing" and then click on "Certified Labs". By contacting one of these labs they will direct you to the collection facility that is nearest to your location

How do I prove that I am free of dangerous drugs?

Acceptable proof of meeting the drug testing requirements can be any one of the following:

A completed drug test form (report or letter) signed by the Medical Review Officer (MRO) or authorized representative of a consortium showing that you passed a chemical test for dangerous drugs conducted in accordance with 49 CFR 40 within the previous six months with no subsequent positive drug tests during the remainder of the six-month period.

A letter on company or consortium stationary signed by the authorized official that administers the drug testing program stating that you passed a pre-employment or periodic test for dangerous drugs within the previous six months with no subsequent positive drug tests during the remainder of the six month period.

A letter on company or consortium stationary signed by the authorized official that administers the drug testing program stating that you have been subject to random drug testing required by 46 CFR 16.230 for at least 60 days during the previous 185 days and did not fail or refuse to participate in any required chemical test.

If you are an active duty U.S. military member, a letter from your command stating that you have been subject to random drug testing for the past six months and have not failed or refused to participate in any required test. Random testing letters are not accepted for reserve military members since they are only subject to testing during monthly drills. However, if you are a reserve or active duty member and passed a required chemical test for dangerous drugs within the previous six months, then you may submit a letter from your command stating this.